Accordingly, Article 26(2) don’t come in the original types of your family Password under Professional Buy (EO) 209 which had been finalized into laws at the same time Chairman Corazon Aquino with the July 6, 1987. Weeks later, or with the July 17, 1987, Chairman Aquino granted EO 227 hence provided, among others, Article 26(2). Therefore, in the event the Family relations Code in the end took impact on August step 3, 1988, Post twenty six, in its totality, discover as follows:

twenty six. Most of the marriage ceremonies solemnized beyond your Philippines, in accordance with the statutes in force in the country in which these were solemnized, and you can good truth be told there as such, shall be also good in this country, except those people banned around Stuff thirty five(1), (4), (5) and you may (6), thirty-six, 37 and you may 38.

In which a marriage ranging from a Filipino resident and you will a non-native is actually validly prominent and you can a split up are thereafter validly obtained overseas from the new alien mate capacitating your partner so you’re able to remarry, the Filipino mate shall also have ability to remarry significantly less than Philippine law.

Whenever you are Blog post twenty six(2) try reinstated of the administrator fiat, it is nonetheless obvious that real heart trailing the latest supply remains direct about Panel deliberations – Blog post twenty-six(2) was actually constructed so you can serve as an exception toward nationality idea embodied into the Post fifteen of one’s Municipal Password, hence states:

Fairness Puno, yet not, said that it will unlock this new gates so you’re able to nearly invalidating the fresh Philippine laws and regulations because of the effortless expedient from marrying a foreigner, and that it is a supplementary reason for the new breakage out of household, in which Fairness Caguioa assented

fifteen. Regulations per family members liberties and you will responsibilities, or even brand new condition, reputation and you can judge capability regarding people was binding upon people out-of the latest Philippines, regardless of if living overseas.

Ways

New deliberations demonstrate that Blog post 26(2) gets the aftereffect of (i) implementing breakup decrees being binding on the foreign nationals not as much as the national legislation; and you can (ii) recognizing the residual effect of such foreign separation and divorce girls pretty Luang prabang decrees on their Filipino spouses that are limited by the brand new prohibition up against absolute divorce underneath the Municipal Password.

To be sure, Article 26(2) had not been crafted to dilute the Philippines’ policy against absolute divorce. In fact, this perceived possible dilution is precisely what prompted the majority of the Committee members to vote for the deletion of Article 26(2) in the initial version of the Family Code found in EO 209. As the deliberations indicate, the exception provided in Article 26(2) is narrow, and you will intended just to address the fresh unfair state one to efficiency whenever a foreign national get a divorce proceedings decree up against a good Filipino citizen, making the second caught during the a wedding as opposed to a spouse, thus:

Fairness Caguioa said the goal of this new provision would be to legalize overseas divorces into the Filipino making sure that in case regarding an effective Filipina, who had been erican, exactly who therefore after secured a separation, said Filipina could well be permitted to remarry. Justice Puno and you may Legal Doing it yourself remarked that this is simply not clear throughout the supply [Article twenty six(2)]. Legal Do-it-yourself stated that, at exactly the same time, it is an absurdity to have a Filipina is hitched as opposed to a spouse. (Focus provided)

In Van Dorn, a situation ily Code, an american resident desired in order to compel their former Filipina wife so you’re able to promote an accounting of their so-called conjugal team when you look at the Manila. The fresh Western resident debated that he chose the authority to share on proceeds of your disputed company, once the separation and divorce decree awarded because of the Nevada Region Court cannot get effect regarding the Philippines. Governing from the Western resident, the Legal kept that the splitting up decree awarded by the a good United States judge was binding facing your as a western citizen. Since the a recurring aftereffect of particularly separation, the American resident no longer had updates to help you sue because the partner regarding their former Filipina wife. Hence, when you look at the Van Dorn, the fresh Judge held: